UKTC Archive

RE: Serving a TPO

Subject: RE: Serving a TPO
From: collinsdesigns
Date: Apr 17 2020 15:07:09
That's very interesting Jim But not having the funds for a barrister what 
would you suggest is the way forward ? Sent from my Samsung Galaxy smartphone.
-------- Original message --------From: Jim Quaife 
<jq@xxxxxxxxxxxxxxxxx.co.uk> Date: 17/04/2020  14:50  (GMT+00:00) To: UK Tree 
Care <uktc@xxxxxx.tree-care.info> Subject: RE: Serving a TPO I'm certainly 
not a lawyer, but I very much doubt that that TPO would have any legal 
force.A TPO is a powerful instrument which can lead to a criminal prosecution 
and an LPA has a distinct responsibility to process them in accordance with 
the law.However, if you do trust the law then don't read the "Secret 
Barrister"!!Jim-----Original Message-----From: 
uktc-request@xxxxxx.tree-care.info 
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of collinsdesignsSent: 
17 April 2020 14:25To: UK Tree CareSubject: RE: Serving a TPOI know of an 
instance where a TPO was put on a tree in the garden of house in a different 
road, with a wrong mapThis was then changed by scribbling in the correct 
address at a planning meeting with the map changed a month laterThe tree 
owner was never given 28 days to comment on HIS tree in HIS gardenI always 
thought this was wrong.Sent from my Samsung Galaxy smartphone.-------- 
Original message --------From: Alastair Durkin <ADurkin@xxxxxxxxxx.gov.uk> 
Date: 17/04/2020  12:34  (GMT+00:00) To: UK Tree Care 
<uktc@xxxxxx.tree-care.info> Subject: RE: Serving a TPO Hi JonathanRegulation 
5(1) of the Town and Country Planning (Tree Preservation)(England) 
Regulations 2012 provides that the notice must be served  on the “persons 
interested” in the land affected by the order.The phrase “person interested” 
is defined in Regulation 2. A person is “interested” in land, for the purpose 
of these regulations, if he is:-•             An owner of the land•           
  An occupier of the land•             Known to the authority to be entitled 
to cut down, lop or top any of the trees to which the order relates•          
   Known to the authority to be entitled to work by surface working any 
minerals in, on or under the land affected by the order.This means that when 
serving a TPO you should serve not only the owner and occupier but also the 
following:-•             If branches or roots from any of the trees encroach 
a neighbouring property, the owner and occupier of that property•             
Any developer known to the LPA to be interested in developing the land•       
      Any tree surgeon, etc., whom the LPA know to have been retained by the 
owner, occupier or developer to carry out works to any of the treesAny person 
known by the LPA to have rights to work minerals in, on or under the 
land.They ‘need’ to send a copy of the TPO and the Regulation 5 Notice. It 
would be sensible to send a covering letter explaining how it all came about, 
but I don’t think it is a statutory requirement.Hope that 
helpsAlastair-----Original Message-----From: 
uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> On 
Behalf Of Jonathan HazellSent: 17 April 2020 11:44To: UK Tree Care 
<uktc@xxxxxx.tree-care.info>Subject: Serving a TPOMorning all,Hope everyone 
is safe and well?When serving a TPO, specifically in response to a S211 
notification to which the planning authority objects, what MUST they send out 
to whom, andwhat MIGHT they send out if they were minded to be helpful?   
It's not aquiz, but a genuine enquiry for your understanding of the process 
and procedure, thank you.--Thank you,Jonathan Hazell07501 
059566jhazell.com--The UK Tree Care mailing listTo unsubscribe send 
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